Town Charter

CHARTER

Art. I.              General Provisions, §§ 1-10

Art. II.             Town Charter, §§ 1-3

Art. III.           Powers of the Town, §§ 1-2

Art. IV.            Form of Government, §§ 1-4

Art. V.             Finance, §§ 1-24

Art. VI.            Personnel, §§ 1-2

Art. VII.          Police, Fire and Building Department, §§ 1-3

Art. VIII.         Elections, §§ 1-5

Art. IX.            Miscellaneous, §§ 1-3

AN ACT to abolish the present Charter of the Town of Hillsboro Beach, in the County of Broward, State of Florida, and to provide a new Charter for said Town; fix its territorial limits and boun­daries; provide for its government, and prescribe its jurisdiction powers, privileges and franchises.

Be It Enacted by the Legislature of the State of Florida:

 

ARTICLE I.   GENERAL PROVISIONS

Section 1.        Abolish Existing Municipality.

That the existing municipal government of the Town of Hillsboro Beach in the County of Broward and State of Florida, be, and the same is hereby abolished.

Section 2.        Title to Property Reserved.

That the title, rights, and ownership of all property, both real and personal, uncollected taxes, dues, claims, judgements, decrees, choses in action and all property and property rights held or owned by the municipality named “Town of Hillsboro Beach”, abolished by this Act, shall pass to and be vested in the municipal corporation organized under this Charter to succeed the municipality abolished.

Section 3.        Obligations Unimpaired.

That no obligations or contracts of the said municipality hereby abolished shall be impaired or avoided by this Charter, but such debts, obligations and contracts shall pass to and be binding upon the new municipality hereby creat­ed and organized, and likewise all debts or claims against the abolished mu­nicipality shall be valid against the new municipality created.

Section 4.        Officers Held Over.

All officers and employees heretofore elected or appointed and holding office under the said municipality hereby abolished shall continue to hold their respective offices and discharge the respective duties thereof under the new municipality hereby created until their successors are elected and qualified under the provisions of this Charter.


Section 5.        Ordinances Not Impaired.

All existing Ordinances and Resolutions of the said abolished municipality, not in conflict with the provisions of this Charter, shall continue in effect unless repealed, amended or modified by the municipality which is hereby or­ganized or created.

Section 6.        Establishment of New Municipality.

The inhabitants of the Town of Hillsboro Beach, as its boundaries are herei­nafter established and designated, or as may hereafter be established and des­ignated, shall continue to be a body politic and corporate, to be known and designated as “Town of Hillsboro Beach”, and as such shall have perpetual succession, may use a common seal, may contract and be contracted with, and may sue and be sued in all the courts of this state and in all matters whatso­ever.

Section 7.        Acts Repealed.

All of the provisions of Chapter 19868, Laws of Florida, Acts of 1939, Chapter 22318, Laws of Florida, Acts of 1943, all pertaining to the existing municipal government of the Town of Hillsboro Beach, be, and the same are hereby re­pealed.

Section 8.        Boundaries.

The following shall be the territory, the inhabitants of which are hereby established and organized into a municipal corporation, and over which such municipal corporation shall exercise its jurisdiction and powers, to-wit:

Begin at the intersection of the North line of Section 8, Township 48 South, Range 43 East, with the center line of the right of way of the Intracoastal Waterway (Florida East Coast Canal); thence Southerly along said center line through said Section 8 and Sections 17 and 20, said Township and Range, to a point in a straight line extended passing through the center of the draw of the highway bridge across the Hillsboro Inlet as constructed on January 1, 1963, said line passing through the center of the mouth of the Hillsboro Inlet as said Inlet discharged into the Atlantic Ocean on January 1, 1963; thence Southeasterly along said line through the center of the draw of said bridge to the center of the mouth of the Hillsboro Inlet; thence Northerly along the ordinary low water mark of the Atlantic Ocean to a point which is the inter­section of the North line of Section 8, Township 48 South, Range 43 East, with the waters of the Atlantic Ocean; thence Westerly along the North boundary line of Section 8, Township 48 South, Range 43 East, to the point of begin­ning; and land situate, lying and being in the County of Broward, State of Florida.

Section 9.        Seal.

The official seal of the Town of Hillsboro Beach hereby established shall bear the legend “Town of Hillsboro Beach, Florida, Seal”.

Section 10.      Jurisdiction.

The jurisdiction and powers of the Town of Hillsboro Beach shall extend over all streets, alleys, sewers, parks, and all lands within said area, whether platted or unplatted; and to and over all waters, waterways, streams, bays, bayous, submerged lands, water bottoms, and wharves; and to and over all per­sons, firms and corporations, property and property rights, occupations, busi­nesses and professions whatsoever within said boundaries.

The title to and jurisdiction over all streets, thoroughfares, parks, alleys, public lots, sewers, within the Town, and all property of every kind and char­acter which the Town may hereafter acquire within or outside the Town, or which may vest in it, or be dedicated to it, for its use or for the public use, shall be vested in the Town of Hillsboro Beach, as created under this Charter.

 

ARTICLE II.  TOWN CHARTER

Section 1.        Present Charter.

This Act shall hereafter be referred to as the "Charter of the Town of Hillsboro Beach, a municipal corporation of Florida".

Section 2.        Amendments to Charter.

The Charter of the Town of Hillsboro Beach may from time to time be amended by duly enacted acts of the Legislature of the State of Florida.

Section 3.        Charter History.

This Charter constitutes the third incorporation of the Town of Hillsboro Beach. The original incorporation occurred June 12, 1939 through passage of Chapter 19868, Laws of Florida (Senate Bill 1107). The second incorporation occurred June 16, 1947 through passage of Chapter 24562, Laws of Florida (House Bill 930).

ARTICLE III.  POWERS OF THE TOWN

Section 1.        General Powers of the Town.

The Town of Hillsboro Beach hereby created, established and organized shall have full power and authority:

(1)        Taxes and Assessments: To raise annually by taxes and assessments in said Town such sums of money as the Town Commission shall deem necessary for the purposes and needs of said Town, and in such manner as shall be hereinafter provided.

(2)        Occupational Licenses: To license and tax any and all businesses, occu­pations and professions carried on or engaged in, either wholly or in part within the corporate limits of the Town; to classify and define such businesses, occupations and professions for the purpose of imposing occupational license taxes or fees; and to impose on such classifica­tions reasonable occupational license taxes, and the amount of such occupational fee shall not be dependent upon nor related to the general state occupational license for similar classifications, nor the amounts allowed under the general laws for municipalities incorporated under the General State Law.

(3)        Acquisition of Property: To acquire by purchase, gift, devise, condemna­tion, lease or otherwise, real or personal property or any estate there­in, or riparian rights or easements therein, within or without the Town to be used for any municipal purpose; streets and highways; public park­ing lots or spaces, bridge sites; works and wells and other equipment necessary for supplying said Town with water, gas for illuminating and heating purposes and electric power for illuminating, heating and power purposes; the location of waterworks and sites for public utility works; jails, public parks, docks sea-walls, facilities for neutralizing or otherwise destroying sewerage, garbage and refuse; for extension of sewer and drainage pipes and water mains; and for any public or munici­pal purpose; and to improve, sell, lease, pledge or otherwise dispose of same or any part thereof for the benefit of the Town, to the same extent natural persons might do.

(4)        Public Facilities: To build, construct, own, operate and maintain streets, highways, bridges and piers.

(5)        Franchises: To grant franchises of all kinds for the use of the Town streets, waters and water ways, public beaches and recreational facili­ties, lands and ways in the manner elsewhere provided herein.

(6)        Expend Monies: To expend the money of the Town for any and all lawful purposes, and to borrow money to meet current expenses and issue notes in the name of the Town for same.

(7)        To borrow money as hereinafter provided in accordance with the provi­sions of Chapter 166, Florida Statutes Revised, within the debt limita­tions prescribed in this Charter.

(8)        Special Assessments: To levy, impose and assess special assessments for benefits for improvements against adjacent or abutting property, spe­cially benefitted, to pay all or any potion of the cost of such improve­ment as hereinafter provided, and to enforce payment thereof.

(9)        Streets and Sidewalks: To pave, re-pave, grade, regrade, macadamize, re-macadamize, hard surface, improve, landscape, lay out, open, widen, close, curb, vacate, discontinue, extend, demolish, rebuild, and other­wise improve streets, alleys, boulevards, avenues, lanes, sidewalks, including any bridges, culverts, fills, grades or other appurtenances which may constitute or form a part of same, and any parks, promenades, piers, wharves, docks, seawalls and adjacent or contiguous thereto; and to levy and assess liens for the cost of all or any part of such im­provements as hereinafter provided.

(10)      Use of Streets and Sidewalks: To regulate the use of all streets, boule­vards, avenues, highways and public ways with the Town Limits of the Town of Hillsboro Beach; to license, control, tax and regulate traffic and sales upon the streets, sidewalks and public places within the town; to regulate, suppress and prohibit hawkers, peddlers and beggars upon such streets, sidewalks and public places; to license, cause to be reg­istered, control, tax, regulate or to prohibit in designated streets or parts of streets, carriages, omnibuses, motor buses, motor vehicles, cars, wagons, drays, taxis, or other vehicles for hire; to make, enact, adopt and promulgate regulations governing traffic on the public streets or parts of the streets as may be necessary or convenient; to provide for parking spaces on the streets, and at any time to discontinue the right to use parking spaces; to regulate the parking of vehicles upon any portion of the public streets of the Town of Hillsboro Beach; and generally to exercise any and all powers necessary for the regulation of traffic upon the public streets and highways within the Town Limits.

(11)      Docks, Wharves, etc.: To construct, build, improve, acquire, maintain or discontinue, seawalls, docks, wharves, yacht basins, bridges, viaducts, subways, tunnels, sewers, drains and canals, and to levy assessments and hold liens for all or any part of such improvements; to establish con­struct, maintain, operate and control public landings, piers, wharves and docks within and without the Town, and to acquire lands, riparian rights or other rights and easements necessary for such

            purposes; to regulate the manner of using any and all wharves and docks within and without the Town; to dredge or deepen the harbors, rivers, canals, wa­terways, or any branch or portion thereof within the Town.

(12)      Regulate Public Uses: To regulate and control the use and occupancy of the waters, waterways, water bottoms, wharves, causeways, bridges, beaches, streets, thoroughfares, alleys, parks, public lots and other public places in the Town; prevent the use of the streets and sidewalks by private persons for business purposes or conveniences; and prescribe or regulate the flying height and manner of flight and size of airplanes and other aerial conveyances over, above, and within the area of the Town Limits; and to impose and enforce adequate penalties for violation of such rules and regulations.

(13)      Buildings: To adopt a building code and suitable regulations governing the construction and erection of buildings in the Town; to regulate the moving of buildings from pace to place within the Town and into the Town; to regulate the materials and type of construction of any building erected in the Town, or repairs thereto; and to provide reasonable rules regulating the use of such building and the repair thereof in order to protect the welfare of the Town.

(14)      Public Utilities: To furnish any and all local public services, includ­ing electricity, gas, water, sewerage collection and disposal, lights, garbage collection or transportation and to charge and collect necessary fees or charges therefor; to purchase, hire, construct, own, extend, maintain, operate or lease any public utilities, including street rail­ways, electric light system, telephone and telegraph system, waterworks and sewerage collection and disposal plants, gas plants and distribution system, bus or transit systems, or other public utility; and to estab­lish, impose and enforce rates and charges for supplying such services of conveniences by the Town to any person, persons, firm or corporation.

(15)      Cleaning Lots: To require owners of property, or other persons interest­ed therein, to clear and clean the same of weeds, undergrowth, rubbish, debris, brush and unsightly and insanitary matters, and to fill insani­tary excavations and depressions; and if the owner, or owners, or per­sons interested in such property, do not comply with any such require­ments within the time limited and fixed by Resolution, the Town Commis­sion shall make or cause said work to be done, and make the cost thereof a charge and lien against such property, of the same extent and charac­ter as the lien now granted, or which may hereafter be granted, to said Town by law for special assessments for the cost of local improvements as hereinafter provided; which charge and lien shall be forthwith due and payable, unless the time for the payment thereof shall be extended by the Town Commission, with the same penalties and the same rights of collection and sale and forfeiture as may be provided by law for assess­ments for local improvements.

(16)      Sewerage Disposal: To collect and dispose of sewerage, offal, ashes, garbage, trash and other refuse by contract or otherwise, and to acquire and operate plants for the disposal or utilization of such materials or any of them; and to contract for and regulate the collection and dispo­sal thereof.

(17)      Abatement of Nuisances: To compel the abatement and removal of all nui­sances within the Town or upon the property owned by the Town beyond its corporate limits, at the expense of the person or persons causing the same, or of the owner or occupant of the ground or premises whereon the same may be; to require all lands, lots or other premises within the Town to be kept clean, sanitary and free from weeds, wild growth and rubbish, or to clean and make them so at the expense of the owner or occupants thereof; to regulate or prevent noisome or offensive business within the

            Town; to prevent the carrying on of any dangerous or unwhole­some business, trade or employment within the Town, and generally to define, prohibit, abate, suppress and prevent all things detrimental to the health, moral, comfort, convenience and welfare of the inhabitants of the Town.

(18)      Inspections: To inspect, test, measure and weigh any commodity or arti­cle or consumption for use within the Town, and to fix a standard for any such commodity or article; and to establish, regulate, license and inspect weights, meters, measures and scales.

(19)      Enforcing Ordinances: To make and enforce all police, housing, zoning, sanitary or other Ordinances, rules and regulations necessary or expedi­ent for the purpose of carrying into effect the powers conferred by this Charter or by any general law, and to provide and impose suitable penal­ties for the violation of such Ordinances, rules and regulations, or any of them, by fine as established by the Town Commission or imprisonment at hard labor on the streets or other works of the Town for a term not exceeding 60 days, or both such fine and imprisonment.

(20)      [Local Improvements; Assessments]: The Town, by its Commission, shall have power and authority to cause local improvements to be constructed, wholly or in part, at the cost of the property owners benefitted there­by, by levying and collecting special assessments, for the following improvements:

(a)        Installing, extending, enlarging or improving its sanitary sewer system, by constructing sanitary sewerage mains, pumping stations, laterals, storm sewers, and other drains and sewers, and necessary appurtenances thereto;

(b)        Extending its waterworks system into new territory, by the con­struction of additional water mains, pumps, etc., and the laying or relaying of same, together with the necessary appurtenances thereto, either inside or outside of the corporate limits or part­ly inside and partly outside;

(c)        To pave, repave, grade, regrade, macadamize, re-macadamize, hard surface, improve, lay out, open, widen, close, curb, extend, de­molish, rebuild and otherwise improve streets, alleys, boulevards, avenues, lanes, sidewalks, including any bridges, culverts, fills, grades, or other appurtenances which may constitute or form a part of same, or any parks, promenades, piers, wharves, docks, groins, seawalls and retaining walls, whether on salt, brackish or fresh water; to build, demolish, rebuild or otherwise improve any bridg­es, grades, fills, culverts and appurtenances; and any one or more of such purposes may be combined in the same improvement.

(d)        To drain, fill in and redrain waterfront property, also swamps, marshes and overflowed lands, whether waterfront or otherwise, for the purpose of protecting the health if the inhabitants of the Town, rendering such lands usable and constructing bulkheads, promenades, streets, parking places and other improvements in connection therewith;

(e)        To clear and clean real property of weeds, undergrowth, rubbish, debris, bush, and unsightly and unsanitary matters, and to fill unsanitary excavations and depressions; to remove dilapidated and unsightly buildings which constitute a nuisance or menace to the health or safety of the inhabitants of the Town;

            (f)        Providing for storm sewerage and surface water drainage.

(21)      Beach Erosion: In addition to all other powers heretofore granted to the Town of Hillsboro Beach and to the Town Commission thereof, said Town Commission is hereby authorized and empowered to take such action as may be necessary from time to time, in protecting the interest of the Town's citizens from damage to public or private beaches caused by erosion, storms, tidal waves, tidal currents or high water.

(a)        The Town Commission of the Town of Hillsboro Beach is hereby au­thorized to construct sea walls, energy absorbing walls, groins, pumping stations, breakwaters or other structures and to cause sand to be dredged upon the beaches within said Town, and to coop­erate with Broward County, the State of Florida and the United States Government or all of them in causing such work to be done for the protection of the beaches and properties within said Town, or to take such other action as the Town Commission determines to be necessary or proper in preventing beach erosion;

(b)        In order to maintain the established seawall line from encroach­ment by the ocean, the Town Commission, by ordinance may:

(1)        Require property owners to construct and maintain seawalls, groins or such other structures as may be determined to be necessary for the protection of their properties from ero­sion, and may levy a special tax upon properties so benefit­ted within said Town to pay for such construction and main­tenance as hereinafter provided;

(2)        If the Town Commission, after considering the reports herei­nafter provided, determines upon consideration of such reports and after public hearing as herein provided that construction of certain facilities or other action be taken for the protection of beaches, then the Town shall proceed with the necessary construction or action and with the taxa­tion of properties benefitted thereby, with or without the consent of the property owners involved;

(3)        The maximum millage to be levied and used in the Town for the aforesaid purposes shall be the maximum allowed by state statutes;

(4)        The Town Commission shall appoint an erosion committee, consisting of three (3) persons. Such committee may, at any time, call upon the engineers or attorney for the Town for assistance in connection with the discharge of their duties. The committee shall proceed to view the properties within the said Town to consider engineering reports and to make their written report of a plan for beach erosion protection. Such plan shall assess the amount of protection required by each parcel of land affected within said Town, showing the owner of the property to be protected, description of prop­erty to be specially taxed and amount of maintenance re­quired. Upon the filing of the report of the committee with the Town Commission, notice of said report shall be given by the Town Clerk posting a copy thereof at the front door of the Town Hall for a period of least two (2) weeks prior to the next meeting of the Town Commission.

Such notice shall also state that the plan or report will be considered at the next Town Commission meeting following that at which such plan was received, and that all property owners are invited to be present to state their objections, if any, to such plan or report. In addition thereto, the Town Clerk is authorized to send notice by mail to each owner of property to be so specially taxed, advising them

that such plan or report has been filed and will be consid­ered as aforesaid. The failure of any property owner to receive such notice, however, shall not invalidate any tax thereafter made under the terms of this Act. At the meeting of the Town Commission, when such special taxes are consid­ered, all property owners having objections to any such special taxes may appear and be heard for the purpose of asserting such objections. The meeting for this purpose may be adjourned from time to time as the Town Commission may provide. After all such objections have been heard the Town Commission may adjust any special taxes which it considers to be inequitable and may adopt such plan and report. Upon the adoption of such plan or report the special taxes there­in mentioned shall become a lien upon the properties therein mentioned. Such taxes shall be included in the tax bills, and shall be designated as "beach erosion tax". The posting of notice of such special tax and the hearing of objections in connections therewith may be dispensed with if the af­fected property owner files with the Town written consent for such tax to be levied.

The Town Clerk shall maintain a tax book in which there shall be set forth the description of properties which have been so specially taxed and the amount of such special taxes and space provided for the purpose of showing whether or not such taxes have been paid each year. Such tax book shall be prima facie evidence of the payment or nonpayment of any such special taxes and the regularity of proceedings in connection therewith.

(22)      Revenue Bonds or Revenue Certificates: For the purpose of obtaining money to make such improvements as are authorized by this Section, the Town shall have the power to issue revenue bonds or revenue certifi­cates, payable solely from the income derived from the operation of such utility, or, where utilities are operated jointly or supplement each other, payable from the revenue derived from the operation of both utilities, or of either utility. Property specially benefitted by the installation or extension of the sewerage system or the waterworks system, or both, may be specially assessed for the cost of such in­stallation, extension, enlargement or improvement, either wholly or in part, by the levying of special assessment liens, it being recognized as a power of the Town in its proprietary capacity to levy special assess­ments against property specially benefitted by the installation or extension of sanitary sewerage systems or waterworks systems, or both, in order to repay monies obtained by the issuance of revenue bonds or certificates. The monies collected from such special assessment liens shall be used to pay off and discharge any certificates of indebtedness, revenue bonds or certificates issued to obtain money with which to make such improvements.

(23)      Special Assessment Certificates and Special Assessment Liens: The Town shall have the power:

(a)        The establish a special assessment certificate fund and to deposit therein all proceeds derived from specified special assessment liens levied against private properties specially benefitted by a specified improvement or improvements, and to issue and sell spe­cial assessment certificates containing a provision that same are payable solely from and secured by a lien and pledge of the spe­cial assessment certificate fund, and further providing that such certificates do not constitute an indebtedness of the Town and the holders thereof shall never have the right to require or compel the exercise of the ad valorem taxing powers of the Town, or the taxation of real estate in said Town, or the making of any sinking fund, reserve or other payments except as provided for in the resolution authorizing the issuance of such certificates;

(b)        Where the Town has on hand special assessment liens evidencing a lien against particular described parcels of real estate specially benefitted by an improvement previously made and confirmed, and such liens are not otherwise pledged or encumbered, the Town may establish a special assessment certificate fund and place such special assessments to the credit or benefit of such fund, and issue and sell special assessment certificates containing a provi­sion that same are payable solely from and secured by a lien or pledge of said special assessment certificate fund, and further providing that such certificates do not constitute an indebtedness of the Town and the holders thereof shall never have the right to require or compel the exercise of the ad valorem taxing powers of the Town, or the taxation of real estate in said Town, or the making of any sinking fund, reserve or other payments except as provided for in the resolution authorizing the issuance of such certificates.

The Town shall adopt a resolution specifically describing the special assessment certificates to be issued as provided in sub­sections (a) and (b) hereof, and stating how the proceeds derived from the sale or pledge of such certificates shall be used, and containing such other and further provisions as to issuance, sale, pledge, collection as may be proper. Where the Town has on hand special assessment liens evidencing a lien against particular described parcels of real estate specially benefitted by an im­provement previously made and confirmed, and such liens are not otherwise pledged or encumbered, and same are in default, the Town may issue separate special assessment certificates against such tract of land which the lien exists against, containing a descrip­tion of the land, the unpaid balance of the special assessment, stating therein the general nature of the improvement for which the special assessment was made and the date thereof, such certificate shall state upon the face thereof that he same do not constitute an obligation of the Town of Hillsboro Beach and the payment of principal and interest of same is not guaranteed by the Town of Hillsboro Beach, but the sole and only security for pay­ment of such certificate and interest is the lien existing against the real estate therein described. Such certificates, when so issued, may be sold individually for par and to any person making application to purchase same.

(24)      Monies Must be on Hand Before Improvement Authorized: The Commission shall not proceed with any public improvement where special assessments are intended to be levied to repay all or part of the cost of such im­provement, unless at the time of adoption of such resolution there shall be on hand in a proper fund sufficient allocated monies to pay the esti­mated cost of such improvement in full, as follows:

(a)        If the cost of the improvement is to be paid from the proceeds of the sale of revenue bonds, general obligation bonds, utility tax bonds, excise tax bonds, special assessment certificates, or other bonds or funds, and special assessments are to be levied against property benefitted to repay all or any part of the cost of con­struction, monies equal to the estimated cost of construction shall be on deposit in a particular designated fund for payment of such cost, at the time the Town proceeds with the improvement;

(b)        If the cost of the contemplated improvement is to be paid from any special assessment revolving fund or other special fund, and spe­cial assessments against properties specially benefitted are to be levied to replenish such fund, there shall be on deposit in such fund, over and above any previous commitments or obligations pay­able out of such fund, a sufficient amount to pay the estimated cost of such contemplated improvement, at the time the Town pro­ceeds with such improvement.

(25)      Resolution of Necessity: Whenever the Commission shall determine that it is wise and expedient to make any of the local improvements herein specified, the cost of which, or any part thereof, is to be assessed against property benefitted, it shall adopt a resolution declaring a necessity for the proposed improvements, describing the nature and ex­tent of the work, the general character of materials to be used, a gen­eral description of such improvements, the estimated cost of the im­provements, and the location or area in which such improvements are to be made. Said resolution shall fix a date when the Commission shall meet which shall not be less than ten (10) days after the date of the first publication of the notice herein provided, for the purpose of hearing any objections or remonstrances that may be made to said improvements. Notice of the hearing upon said resolution shall be published once a week for two (2) consecutive weeks (the first publication to be not less than ten (10) days prior to the date fixed for hearing), which notice shall embrace substantially all the matters required to be set forth in the resolution of necessity.

(26)      Objections to Improvements: At said meeting for hearing objections, or at the time and place to which same may be adjourned, any person ag­grieved may appear in person, by attorney or be petition, and may object to or protest against said improvement. The Commission shall consider the objections and protests, if any, and may confirm, amend, modify or rescind the resolution of necessity, and shall determine whether the said improvement shall be made, and how the cost thereof shall be paid. The determination of the Commission shall be final and conclusive. If the Commission determines to proceed with such improvement as originally proposed or in an amended or modified form, it shall adopt a resolution determining to proceed, as hereinafter set out.

(27)      Claims Arising Out of Improvements: The owner of any lot or land bound­ing and abutting upon a proposed special improvement shall present such claim to the Commission at the time of its meeting on the question of whether it should proceed with the improvement as provided in the pre­ceding section. Such claim shall be in writing, and shall set forth the amount of damages claimed, with a general description of the property with respect to which it is claimed the damage will accrue. Any owner who fails to do so shall be deemed to have waived such damage, and shall be barred from thereafter filing a claim or receiving damages therefor. This provision shall apply to all damage which will obviously result from the improvement, but shall not deprive the owner of his right to recover damages arising without his fault from the acts of the Town or its agents.

(28)      Resolution Determining to Proceed: If, after hearing the objections and protests, if any, the Commission determines that it is expedient to proceed with such improvement in the original or modified form, said Commission shall adopt a resolution determining to proceed with such improvement, which resolution shall disclose what part of the total cost and expenses of the improvement shall be chargeable against and assessed against the property benefitted by the improvement, and what part or proportion of the total costs shall be paid by the Town from its general fund or any special fund on hand for such purpose. The resolution may direct that the whole or any part of the cost and expenses thereof be assessed against the property abutting the improvement, or may provide that all property benefitted by the improvement may be assessed for such improvement in the manner set out therein.

(29)      Bids on Improvements: As soon as the Commission shall have adopted the said resolution determining to proceed with a specific improvement, and money to pay the estimated cost of such improvement is available, or at a later date if it so desires, in cases where the improvement is not to be made by regular Town employees, it shall advertise for bids by publi­cation in two (2) issues of a newspaper of general circulation in said Town requesting sealed bids to be submitted upon a

            specific date, but such publication shall not be less than seven (7) days apart, and the last publication must not be less than two (2) days before the date for receiving bids. The Commission shall let the contract for such improve­ment to the lowest and best responsible bidder. When a bid is accepted, the contractor shall not proceed with the work for a period of ten (10) days thereafter, unless otherwise authorized.

(30)      Cost of Improvement: The Commission shall have the power to pay out of its general fund, or out of any special fund that may be provided for the purpose, such portion of the cost of the proposed improvement as it may deem to be the proper portion to be borne by the Town. Interest accrued while an improvement is under construction, and for six (6) months thereafter, shall be deemed part of the cost of the improvement. All engineering and inspection costs, legal and advertising costs, in­cluding a proper proportion of the compensation, salaries and expenses of the engineering staff and attorney's fees, properly chargeable to any improvement, shall be deemed a part of the cost of the improvement. When revenue bonds or certificates are issued in order to obtain money with which to make the improvement, all cost and estimated cost incurred in issuing such revenue bonds or certificates and obtaining such funds shall be deemed a part of the cost of the improvement. When local im­provements are made by Town employees, all legal charges and fees, advertising cost, engineering cost, payroll, materials, equipment rental at the prevailing rates, plus not more than fifteen percent (15%) of the total of payroll, material and equipment rental costs for the general overhead expense, may be included in the cost of the improvement. When the improvement has been completed, the Commission shall ascertain and determine the total cost of the improvement.

(31)      Method of Making Special Assessments: Special assessments upon the property deemed to be benefitted by a public improvement shall be any one or a combination of the following methods:

(a)        By a percentage of the assessed taxable value of the property bounding or abutting upon or specially benefitted by the improve­ment:

            (b)        In proportion to the benefits which may result from the improve­ment:

            (c)        By the front footage of the property bounding or abutting upon the improvement:

            (d)        Upon a fair or equitable basis according to the benefits received.

            When a majority of the recorded owners of the frontage of; and liable to be assessed for any special local improvement shall petition the Commis­sion for such improvement, the Commission may order such improvement to be made. In other cases public improvement shall be made in the discre­tion of the Commission, whenever deemed necessary.

(32)      Assessment Roll and Notice: Upon completion of any improvement hereun­der, the Commission shall cause to be prepared a roll or list to be called the assessment list, showing the improvement number, the number of the assessment lien, a description of each lot or parcel of land proposed to be assessed for such improvement, the amount proposed to be assessed against each lot or parcel of land, and the name of each owner as shown on the Town tax roll or records. Such list shall be a public record constituting notice to the public of the lien against the lands so assessed, and no other record or notice thereof shall be necessary to any person or corporation for that purpose; but the Commission, in its discretion, may send out notices of date of hearing upon confirmation of the roll to parties affected. No errors, omissions, or mistakes in re­gard to description of property shall be held to invalidate any assess­ment list, where the description given is sufficient to identify the property. After the completion of said assessment list or assessment roll in final form, same shall be delivered to the Clerk, who shall thereupon give notice by publication in two (2) issues at least seven (7) days apart, in a newspaper of general circulation in the Town, that the assessment list has been delivered to him and is open for inspection at his office, and that a time and place therein mentioned, not less than ten (10) days from the first publication as aforesaid, the Commis­sion will meet to hear and determine any objections or defenses that may be filed to such assessments for (or) the amounts thereof. Said notice shall state the number of the improvement, the general character of the work which has been performed, the name by which such improvement is generally known, and the location in which such improvement has been constructed.

(33)      Hearing, Confirmation of Assessment List: At the time fixed in such notice, or at an adjourned meeting, the assessment roll or assessment list in final form shall be produced before the Commission, and the Commission shall hear objections to the amount of such assessment which may be made by the owners of real property assessed for such improve­ment, or by parties having an interest therein, and the Commission shall determine and hear all objections and protests to the proposed assess­ment under such rules and regulations as it may adopt. The Commission shall have a right to change or adjust any assessment appearing upon such assessment list, at such meeting, or at any adjourned meeting thereof. When such assessment list has been finally corrected and ad­justed, the Commission shall adopt a resolution approving and confirming the assessment roll and therein shall approve and confirm all assess­ments as finally fixed and adjusted at such hearing, and such assess­ments shall, from the date of confirmation by such resolution, consti­tute a lien on the respective lots or parcels of land, or other real property upon which they are levied, superior to all other liens, except for those for Town and County taxes. All persons who fail to object to the proposed assessments in the manner herein provided shall be deemed to have consented to and approved the same. All persons who appeared at such meeting and whose objections were overruled or denied shall be deemed to be bound by the action of the Commission after thirty (30) days from the adoption of such resolution approving and confirming the assessment roll, unless suit challenging such assessment be filed. Sub­stantial compliance with the procedure outlined shall be all that is necessary to render such assessment liens valid and incontestable, it being the expressed intention of the Legislature that the requirements are directory rather than mandatory.

(34)      Setting Aside Special Assessments: If any special assessment made here­under to defray the whole or part of the expense of any local improve­ment shall be either in whole or in part annulled, vacated or set aside by the judgment of any court or if the Commission shall be satisfied that any assessment is so irregular or defective that the same cannot be enforced or collected, or if the said Commission shall have omitted to make such assessment when it might have done so, it is hereby authorized to take all steps to cause a new assessment for the whole or any part of any improvement or against any property benefitted by any improvement, following, as near as may be under the circumstances, the provisions of this Act; and in case such second assessment shall be annulled, the Commission may obtain and make other assessments until as valid assess­ment shall be made. No omission, informality, or irregularity in the proceedings preliminary to the making of any special assessment shall affect the validity of same, where the assessment list has been confirmed by the Commission, and the assessment list and the record thereof kept by the Clerk shall be competent and sufficient evidence that the assessment was duly levied and the assessment list duly made and adopt­ed, and that all other proceedings necessary to the adoption of said assessment list were duly had, taken and performed as required by this Act, and no variance from the directions herein contained as to the form and manner of any of the proceedings shall be held material, unless it be clearly shown that the party objecting was materially injured there­by. In case any special assessment shall, in any suit where its validity shall be questioned, by adjudged invalid, the Commission may in its discretion notify the collecting officer of the Town to cease the col­lection of same, if it shall have been transmitted to him for collec­tion, and may proceed

            anew by proceedings either as in the case of an original special assessment for the same purpose or by taking up the previous proceedings at any point, and may take and levy a new assess­ment in the place and stead of the assessment which shall have been adjudged invalid, and the Clerk, before delivering such new assessment to the collecting officer of the Town for collection, shall ascertain and note thereon payments which have been made on such invalid assess­ment for the same purpose, which notation shall cancel the assessments as to the parcels and lots on which such payments were made to the ex­tent of the payments.

            Such new assessments shall be collected in the same manner as original special assessments.

(35)      Limitation on Contest of Validity of Assessments: For the period of thirty (30) days after the date of the confirmation of any special as­sessment, any person aggrieved shall have the right to contest the legality thereof by suit, action, writ or special proceedings, after which time no suit, action, writ or special proceedings in any manner questioning the legality of the said special assessment shall lie for any cause whatsoever.

(36)      Method of Collection: A resolution approving and confirming the assess­ment list shall provide whether such special assessment shall be payable in cash within thirty (30) days from the adoption of such resolution, or whether such special assessment shall be payable in annual installments, the first of which shall be payable on or before the expiration of thirty (30) days from the date of confirmation. If the Commission de­sires that the assessment shall be payable in cash within thirty (30) days from the adoption of such resolution and said special assessment is not paid within such time, such unpaid assessment shall bear such inter­est from the expiration of the aforesaid thirty (30) days as the Commis­sion shall by resolution determine, which rate of interest shall not exceed ten percent (10%) per annum. If the Commission desires that the assessment shall by payable in annual equal installments not to exceed ten (10) equal annual installments, it shall fix an interest rate, not to exceed eight percent (8%) per annum upon such unpaid installments. All installments shall begin to draw interest thirty (30) days after the date of confirmation of the assessment list. The owner of the property desiring to pay his assessment in installments, if the same shall be permitted, shall, on or before thirty (30) days from the confirmation of such assessment, file with the Town a written application to pay said assessment in installments, which application shall state that the ap­plicant and property owner waives all irregularities or defects, consti­tutional, jurisdictional or otherwise, in the proceedings for the im­provements for which assessments are levied, and in the appropriation of the cost thereof; and thereafter, the validity of such assessments shall not be called or questioned. The payment of an assessment, in whole or in part, shall constitute a waiver of all defects, constitutional, ju­risdictional or otherwise, in the proceedings. Said application shall also contain an agreement that the applicant and property owner will pay the said assessment in installments at the date fixed by said resolution with interest at the rate specified in said resolution. Said application shall also make reference to the number of the improvement, and shall contain a description of the lots or parcels of property of the applic­ant assessed for such improvement.

(37)      Lien Docket: The Town shall keep all applications in convenient forms for examination, and such applications shall show the date of filing, the name of the applicant, the amount of the assessment as shown in the application, and the number of installments in which same shall be pay­able. Such approved assessment list and such applications shall consti­tute a docket for the assessment in favor of the Town against such lot or parcel of land, until such assessment and interest and penalties are paid in the manner hereinafter provided. Such approved assessment list or roll shall be the official record to evidence the lien, and the form or manner of keeping and preserving same shall not be material so long as said list or roll contains the necessary information and is prepared and approved in the manner herein specified. All unpaid assessments, penalties and interest shall be and shall constitute a lien on each lot or parcel of land, respectively, in favor of the municipality, and such liens shall have priority over all other liens and encumbrances whatsoever, except liens for Town and County taxes. The Town may issue Special Assessment Certificates to evidence the lien. The Town may in its dis­cretion cause said lien docket to be placed on record with the Clerk of the Circuit Court in and for Broward County, Florida, but failure to so record shall not affect the validity of said assessments nor be neces­sary to constitute notice of the lien of said assessments.

(38)      To exercise all the powers of local self-government; to do whatever may be deemed necessary or proper for the safety, health, convenience or general welfare of the inhabitants of said Town; to exercise full police powers; to do and perform all acts and things permitted by the laws of the State of Florida, and comprehended as duties in the performance of anything recognized as a "municipal purpose", whether now existing and recognized, or hereafter recognized as municipal purpose by Statute Law or court decision.

(39)      To impose and foreclose Municipal Tax and Special Assessment Liens in accordance with the provisions of Chapter 173, Florida Statutes Revised, and the procedures outlined therein.

(40)      To zone all areas encompassed by the Town in accordance with the provisions of Chapter 166, Florida Statutes Revised, and the procedures set forth therein.

(41)      To have the powers and privileges granted generally by Chapter 166, Florida Statutes, the same as if said powers and privileges were herein recited in full.

The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, im­plied thereby, or appropriate to the exercise thereof, the Town of Hillsboro Beach shall have and may exercise all other powers which under the Constitu­tion and Laws of Florida it would be competent for this paragraph specifically to enumerate.

Section 2.        Special Powers of the Town.

The Town of Hillsboro Beach hereby created is specifically vested with power and authority:

(1)     Codify Ordinances: To codify its Ordinances into a "Code of Ordinances of the Town of Hillsboro Beach" and by a single Ordinance to adopt such "Code of Ordinances of the Town of Hillsboro Beach" as a complete revi­sion of all existing and applicable Ordinances on the date of such adop­tion; to adopt a decimal system similar to that used in Florida Statutes of 1941, and to amend such code once adopted by reference to any section or sections. The "Code of Ordinances of the Town of Hillsboro Beach" of 1940, as amended from time to time, except as modified by this Charter, is declared to be the existing Codified Ordinances of the Town of Hills­boro Beach; and such Code of Ordinances may be amended from time to time by reference to any section or sections, and as many sections as desired may be amended by one Ordinance. Such "Code of Ordinances of the Town of Hillsboro Beach" as amended from time to time may be revised and codi­fied or recodified, and such revised Code may be adopted by a single Ordinance, and upon such revision shall be in full force and effect. The Town attorney for the Town of Hillsboro Beach shall have the power and authority to codify and duly adopt the Ordinance of the Town of Hills­boro Beach and assign proper section numbers and headings to various parts of such Ordinances, and thereafter such sections shall be cited in referring to such Ordinances.

(2)     Removal of Buildings and Nuisances: To provide by resolution for the removal and/or abatement of any building or structure that constitutes a menace to business, health, or safety of the inhabitants of the Town, or any building or structure that constitutes a fire hazard or which is unsightly or dilapidated, which said buildings are hereby designated and declared to be a nuisance; and the Town Commission shall have the power to designate other things that may constitute a nuisance.

(3)     Authority to Contract with the United States, State or County: To enter into contracts with the State of Florida or any of its subdivisions or agencies, and with the United States of America or any department, or any agency thereof, in order to purchase, lease or acquire property, real and personal, within the limits or without the limits of the terri­torial boundaries of the Town for any municipal purpose, and to sell, alienate, convey, lease or otherwise dispose of same for the benefit and advantage of said Town.

(4)     Plats: To prepare, approve and adopt a plat or map covering all lands within the corporate limits of said Town, showing all lands and streets, public buildings and public ways to be known as the "Official Map of the Town of Hillsboro Beach". Such plat or map, when adopted and approved by the Town Commission, shall be prepared in duplicate, one copy to be filed with the Town Clerk and one copy to be filed with the Clerk of the Circuit Court of Broward County, Florida, for public use, and such plat or map, so adopted and filed, shall be the official map of said Town.

(5)     Foreclosure: To institute foreclosure proceedings foreclosing liens for Town taxes on any lands in said Town, upon which Town taxes may be de­linquent for a period of two years or more. Such foreclosure suit shall follow the same practice and rules of procedure as foreclosing mortgages on real estate in the State of Florida; and the Town shall be authorized to include in such foreclosure suits reasonable attorney's fees and costs of the suit, in addition to the amounts due for taxes.

 

ARTICLE IV.  FORM OF GOVERNMENT

Section 1.        [Governing Body; Term.]

The government of said municipality shall be vested in a governing body com­posed of five (5) members, who shall be known as the "Town Commission of the Town of Hillsboro Beach". All five (5) commissioners shall be elected by the qualified electors on an at-large, nonpartisan basis and shall serve for a term of two (2) years. Three (3) commissioners shall run for election in the odd years and two (2) commissioners shall run for election in the even years.

Section 2.        Qualification of Members.

To be eligible to hold the office of Town Commissioner of the Town of Hills­boro Beach or to qualify for nomination or application as such, the candidate shall be a bona fide resident and citizen of the Town of Hillsboro Beach and a citizen of the State of Florida and of the United States of America; shall be duly qualified as a voter; and shall be over the age of twenty-one (21) years. Candidates for nomination shall comply with all rules and regulations set out in the Charter as to their conduct. Any Commissioner who shall cease to pos­sess the qualifications required herein shall forthwith forfeit his office.

Section 3.        Judge of Own Elections.

The Town Commission shall be the judge of the election and qualification of its members, subject to review by the courts. At the time that the Town Com­mission meets to canvass the results of any election, any registered elector of the Town of Hillsboro Beach shall be entitled to file with the Town Commis­sion an affidavit setting out the facts showing that a candidate has violated the provisions of this Charter as to the manner of his election, or is other­wise unqualified to hold office, and the Town Commission shall take proof of such meeting and declare the results.

Section 4.        Commission Powers and Duties.

All Legislative powers of the Town shall be exclusively vested in the Commis­sion and shall be exercised by it in the manner and subject to the limitations hereinafter set forth. Laws of the State of Florida affecting matters of local concern but otherwise not inconsistent with the Charter shall have the force and effect of Ordinances of the Town. In addition to exercising its general legislative powers, the Commission shall make or confirm appointments, as required by this Charter, adopt the budget, undertake necessary investiga­tions, provide for an independent audit, and take such other actions as it deems necessary and as are consistent with this Charter and the Laws of the State of Florida.

(1)        Removal from, and Forfeiture of the Office of Commissioner: Any Commis­sioner may be removed from office by recall. A Commissioner shall be deemed to have forfeited his office upon any of the following grounds:

            (a)        Failure to meet the qualifications for the office established by this Charter;

            (b)        Failure to take his Oath of Office;

            (c)        Ceasing to be a resident of the Town;

            (d)        Conviction of a felony or any crime involving a violation of his official oath;

(e)        Being absent from regular Commission meetings for three (3) calen­dar months without being excused by the Commission;

(f)        Being absent from regular Commission meetings for five (5) conse­cutive months, regardless of whether the absences are excused;

(g)        Accepting appointment or being elected to a public office other than an office that is incidental to his duties as a Commissioner and on which he serves with the Commission approval.

In addition to the foregoing, the office of Commissioner shall become vacant upon the death or resignation of an incumbent, or upon an adjudi­cation of incompetency. The Commission shall be the sole judge of the qualifications of its members and shall be responsible for removing a Commissioner from office for any of the reasons stipulated in this sec­tion.

(2)        Filling Commission Vacancies: When a vacancy on the Commission occurs for any reason, the Commission shall, by majority vote, elect a person having the qualifications for the office of Commissioner to fill the vacancy for unexpired term.

(3)        President of the Commission: Each new Commission shall, at the meeting at which it takes office, elect by majority vote one of its members as Mayor of the Town of Hillsboro Beach. The Mayor shall preside at all meetings of the Commission.

(4)        Vice President of the Commission: At the same meeting at which the Mayor is elected, each Commission shall also elect, by majority vote, a Vice Mayor. The Vice Mayor shall preside at meetings of the Commission during any absence or disability of the Mayor, and he shall serve as Acting Mayor during any period in which the Mayor is absent or disabled.

(5)        Mayor's Powers with Respect to Commission: The Mayor shall attend Com­mission meetings and appear before the Commission for the purpose of expressing his views on matters pending before the Commission. He shall also have the power to present messages, reports and other communications to the Commission and to propose legislation for the Commission's consideration. The Mayor shall also have the power to call special meet­ings of the Commission.

(6)        Commission Meetings -- Quorum: The term of the Commissioners and the Mayor shall begin on the first Tuesday following the General Municipal Election, and they shall meet in the Town Hall on that day at 9:30 A.M., to take office and to organize for the purpose of carrying out their assigned duties. Thereafter, the Commission shall meet regularly as its rules may prescribe but not less often than ten (10) times per year. Special meetings shall be called by the Town Clerk upon the written request of the Mayor or any three (3) Commissioners. Such request shall state the subject or subjects to be considered at each such meeting and no other subject shall be considered thereat. Commissioners shall be given at least twelve (12) hours notice of the time and place of such special meetings, except that only two (2) hours notice shall be re­quired when an emergency has been declared. All regular and special meetings of the Commission shall be open to the public, and no Ordi­nance, rule, resolution, regulation, order or directive shall be adopted except at a meeting open to the public. Three (3) members of the Commis­sion shall constitute a quorum for all purposes.

(7)        Commission Procedure: The Commission shall cause the Town Clerk to keep a journal of its proceedings, which shall show every matter considered by it, its disposition, and the yeas and nays on every matter submitted for a vote. No less than a majority of the whole Commission shall be required to make any determination or effect any action. Otherwise, the Commission shall determine and establish its own rules of procedure. The journal shall be open to public inspection.

(8)        Ordinances: Every legislative act of the Commission shall be by Ordi­nance, and other acts, if so required by law, shall also be by Ordi­nance. Every Ordinance shall be offered in writing and signed by the elected official introducing it. The enacting clause of every Ordinance shall be as follows: "Be it ordained by the Town Commission of the Town of Hillsboro Beach". No Ordinance shall contain more than one (1) sub­ject and the same shall be clearly expressed in the title. No Ordinance shall be passed earlier than two (2) weeks after its introduction or go into effect before fifteen (15) days from the time of its passage. There shall be two (2) readings of every Ordinance which may be by title, at separate meetings and if not read or considered at consecutive meetings, any postponement shall be to a certain date. There shall be opportunity provided for a public hearing at the same time as the second reading unless a different time shall be fixed at the first reading.

(9)        Emergency Ordinances: An Ordinance may be passed as an emergency measure after one (1) reading when the Commission shall find that an emergency exists and cause to be shown on its journal the fact on which it bases its finding. An emergency Ordinance may go into effect immediately at a fixed time, or upon the occurrence of a named contingency. The emergency procedure shall be restricted to the following:

(a)        Ordinance for dealing with conditions immediately affecting the peace, property, health, safety or morals of the community;

(b)        Ordinance making emergency appropriations or authorizing the issu­ance of emergency notes as hereinafter provided;

(c)        Ordinance calling for a special election. The vote of four (4) members of the Commission, or an unanimous vote, if fewer than four (4) members are present, shall be required to pass an Ordi­nance in an emergency.

(10)      Franchises: The Town Commission may, by Ordinance, grant, amend or renew the right to construct, operate, and maintain any public utility in, upon or over the streets and public spaces of this Town.

(11)      Codification of Ordinances: Within three (3) years of the effective date of this Charter, and at least every five (5) years thereafter, the Com­mission shall arrange for a compilation or codification of all Ordinanc­es of a general, public, or permanent nature, or imposing a fine, penal­ty, or forfeiture. Such compilations or codifications shall be placed on file with the Town Clerk, shall be available for the use of the public and shall be made available for purchase at a reasonable price.

(12)      Initiative: Ordinances or amendments to existing Ordinances may be sub­mitted to the Commission by a petition signed by registered electors of the Town equal to at least twenty-five (25) per cent of the vote cast at the last preceding general Town election. Any initiative measure which requires the expenditure of funds must provide therein for the addition­al revenues which will be required to carry out the Ordinance. Initia­tive petitions shall be uniform in character, shall contain the proposed Ordinance in full, shall set forth the address of each person signing, shall be in the form prescribed by the Town Clerk and shall be filed with the Town Clerk. The Clerk shall, within twenty (20) days verify the sufficiency of the signatures thereto and if found sufficient, transmit the petition to the Commission, which shall proceed with the proposal in the regular herein provided. The Commission shall either enact the Ordi­nance without amendment or reject it within thirty (30) days. In the event the Commission shall fail to enact such Ordinance or amendment, the Commission shall, at the next regular election held within the Town, submit the same to a vote of the people. The Town Clerk shall issue a proclamation notifying the electors at least thirty (30) days prior to such election, and shall cause to be published a notice of the election and a copy of the proposed Ordinance in a daily newspaper of general circulation in the Town. Such publication shall not be more than twenty (20) nor less than ten (10) days before the election. All initiated Ordinances shall have a title which shall state, in a general way, the purpose and intent of such Ordinance. The form of ballot used for such election shall be prepared by the Town attorney and shall contain the title of such Ordinance. In initiative elections the question shall be determined by a majority of the electors voting on the question.

(13)      Referendum: If, prior to the date when any Ordinance shall take effect, a petition bearing the signatures of registered electors equal in number to twenty-five (25) per cent of the votes cast in the last preceding general Town election and asking for change, cancellation or repeal shall be filed with the Town Clerk and certified as to sufficiency, such Ordinance shall be suspended from going into operation. The Commission shall reconsider such Ordinance and, if it does not repeal the same within thirty (30) days of the time of filing said petition, it shall submit said Ordinance to the voters at the next election held within the Town. In referendum elections the question shall be determined by a majority of the electors voting on the question.

(14)      Town Clerk's Office: There is hereby created as an agency of the Commis­sion, a Town Clerk's Office, consisting of a Town Clerk and such subor­dinate employees as are required to perform such work as may be assigned by the Commission. The Commission shall be the official appointing au­thority of the Town Clerk and all employees in the Town Clerk's Office.

(15)      Independent Annual Audit: Prior to the end of each fiscal year, the Commission shall contract with a certified public accountant to make, as of the end of the fiscal year, an independent audit of all Town funds and accounts. Such accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the Town Government, its Commis­sioners or any of its officers. Three (3) copies of the audit report, when received, shall immediately be files in the Town Clerk's Office, as a public record.

 

ARTICLE V.  FINANCE

Section 1.        Finance Department.

The head of the finance department shall be the Town Treasurer, who shall be appointed by the Mayor and Town Commission and be subject to removal by them. The Town Clerk shall serve as Assistant Treasurer. The following functions shall be assigned to the finance department: accounting and pre-auditing; budget formulation and executions under the Mayor's supervision; purchasing, subject to approval of Commission and stores; collection of miscellaneous revenues and such other treasury management activities not assigned to the Town Clerk at any time.

Section 2.        Fiscal Year.

The fiscal and budget year of the Town Government shall be as the State shall decree.

Section 3.        Fund Structure.

In this Charter the word "fund" shall mean a sum of money or other resources that is segregated for the purpose of carrying on specific activities or at­taining certain objectives in accordance with special regulations, restric­tions or limitations, and that constitutes an independent fiscal and account­ing entity. If and as needed, the following types of funds shall be estab­lished for the purpose and types of operations with which identified.

(1)        A single General fund shall be established to account for all revenues and the activities financed by them which are not accounted for in some special fund.

(2)        Special revenue funds shall be established to account for taxes and other revenues, except special assessments, set aside for a particular purpose.

(3)        Working capital funds shall be established to account for the financing of activities carried on by one department or division for other depart­ments and agencies of the Town Government.

(4)        Special assessment funds shall be established to account for special assessments levied to finance improvements or services deemed to benefit the properties against which the assessments are levied.

(5)        Bond funds shall be established to account for the proceeds of bond issues, except for those payable from special assessment, utility, and enterprise funds.

(6)        Sinking funds shall be established to account for the accumulation of resources for retiring bonds.

(7)        Trust and agency funds shall be established to account for cash or other assets held by the Town as trustee or agent, respectively.

(8)        Utility and other enterprise funds shall be established to account for the financing of services rendered primarily to the general public for compensation where the intent is that the operation shall be self-supporting.

For each fund there shall be established a separate, self-balancing group of accounts to show its assets, liabilities, reserves, surplus, revenues, and expenditures. The Mayor and Commission may establish new types of funds but only in those cases where he or they have determined that none of the pre­scribed types are appropriate for the purpose in question.

Section 4.        Formulation and Submission of Budget.

The procedure and calendar for the formulation and submission of the annual budget shall be as follows:

(1)        On or before the date specified by the legislature, each Town department shall transmit to the appropriate personnel estimates for the ensuing fiscal year of revenue and operating expenditure for the department concerned, along with such work program information and supporting data as may be required.

(2)        The appropriate personnel shall review all estimates and the capital improvement program prepared and shall formulate the proposed budget, making such revisions of estimates as he deems desirable.

(3)        In accordance with the State mandated time schedule, the appropriate personnel shall submit to the Commission for its consideration the proposed budget and an accompanying budget message. Upon submission the budget message shall become a matter of public record; shall be open to inspection; and the Commission shall call for public hearings on the proposed budget.

Section 5.        Scope and Content of the Budget.

The annual budget shall be a complete financial plan for the ensuing budget year and shall be made upon an operating budget and a capital budget. The capital budget shall provide for acquisition of real estate, physical improve­ments, and equipment required in connection with physical improvement pro­jects, and the operating budget shall provide for all other classes of expen­diture. The budget submitted to the Commission shall contain at least the following information:

(1)        A budget message in which the Town's financial condition and prospects shall be discussed, explained both in terms of money and work programs, the important features of the operating budget, identification of major projects in the capital budget and an outline of the financial policies proposed for the ensuing budget year.

(2)        Appropriate statements showing for each fund the estimated transactions and balances for the ensuing budget year and comparative data for the current and immediately past budget years.

(3)        Detailed schedules of all estimated revenues itemized by sources for the ensuing budget year and comparative data for the current and immediately past budget years.

(4)        Operating budget schedules showing by activity or program the proposed operating expenditures for the ensuing budget year, and in a column entitled "Appropriations" the lump sums need not be itemized further than by departments, divisions and major activities and programs. Com­parative expenditure data for the current and immediately past budget years and information on work programs and volumes shall also be pre­sented.

(5)        Capital budget schedules showing the total amount proposed for expendi­ture on each capital project during the ensuing budget year and a de­tailed breakdown of the sources of funds by projects showing balances available and amounts to be appropriated, borrowed or derived from other sources.

Section 6.        Consideration and Adoption of Budget by Commission.

At the meeting of the Commission at which the budget is submitted, the Commis­sion shall determine the time and place at which it will hold a public hearing on the budget. The date for the public hearing shall be scheduled in accor­dance with the State mandated time schedule, and the time and place of the hearing shall be published in a daily newspaper of general circulation in the Town not less than two (2) days nor more than five (5) days before the hear­ing. After the hearing the Commission may revise the expenditure side of the budget by increasing, decreasing, inserting, or deleting appropriation items, except that it shall not reduce appropriations for debt service. The Commis­sion may revise revenue estimates if such revision is concurred in by three (3) of its members. The Commission shall by majority vote adopt a budget and thereby authorize appropriations for the ensuing budget year. The budget as adopted shall be reproduced, and copies shall be made available to other governmental jurisdictions and interested citizens.

Section 7.        Tax Levy.

The Commission, on the basis of the budget as finally adopted, shall certify, by adopting an appropriate resolution, a single Town of Hillsboro Beach Tax Levy for the ensuing fiscal year, which single tax levy shall be sufficient so that total anticipated revenues plus receipts from authorized borrowing will at least equal total proposed expenditures. The single Town of Hillsboro Beach Tax Levy certified in any year shall not exceed ten (10) mills plus whatever is necessary to provide for principal and interest payments on the indebted­ness of the Town and for the satisfaction of judgments and litigation expenses in connection therewith. The Town shall use the assessments of the Broward County Tax Assessor as the assessment roll for the Town.

Section 8.        Prohibition of Special Levies and Segregated Revenues.

The Commission shall not at any time establish a special tax levy or segregate the proceeds of any revenue source for any purpose, program, or project, ex­cept that revenue sources may be segregated and pledged in conjunction with the issuance and retirement or revenue bonds. This provision shall not be interpreted as precluding the establishment and normal operation of working capital, special assessment, bond, sinking, trust and agency, and utility and enterprise funds.

Section 9.        Emergency Appropriations.

To meet a public emergency threatening serious loss of life, health or proper­ty, the Commission, upon request by the Mayor, may by Ordinance make emergency appropriations. If there are no unappropriated monies available, the Commis­sion may by Ordinance authorize the issuance of emergency notes. These notes may be renewed from time to time, but an appropriation sufficient to pay off such notes shall be included in the first budget adopted after the issuance of the emergency notes, except in cases where an alternative means for paying off the notes is found in advance of the date on which such budget is adopted. The total amount appropriated for emergencies in any fiscal year shall not exceed ten (10) percent of the total appropriations made in the operating budget for that year.

Section 10.      Lapsing of Operating Appropriations.

Unencumbered balances of operating appropriations shall lapse at the end of the budget year for which authorized.

Section 11.      Accounting.

Provisions and requirements pertaining to accounting systems and practices shall be as follows:

(1)        The Treasurer shall prescribe an accounting system which shall be bind­ing upon all departments of the Town. Such system shall provide for double entry accounts.

(2)        The revenue ledgers shall reflect all accounts known to be due the Town, including special assessments, actual cash receipts, and non-cash cred­its against revenues receivable.

(3)        The general and special revenue fund budget and accounts of the Town shall be on a cash basis as pertains to revenues.

(4)        Payrolls shall be encumbered against the appropriate appropriation and allotment accounts prior to payment. All other obligations shall be recorded against the appropriate appropriation and allotment accounts prior to the time the obligation is incurred.

(5)        At the close of each fiscal year, a reserve for encumbrances shall be established in the amount and for the liquidation of the unpaid portions of contracts and other evidences of valid obligations which the Town shall have incurred that year.

(6)        A system of inventory accounts shall be designed and installed for the purpose of controlling the Town's holdings or real and personal proper­ty.

Section 12.      Surplus Funds; Definition and Application.

Surplus finds at the close of any fiscal year shall include:

(1)        Any unappropriated surplus from prior years.

(2)        The amount by which the cash income for the current year exceeds the sum of expenditures and unliquidated encumbrances applicable to the year.

(3)        Balances of reserves for encumbrances from prior years for which all encumbrances have been liquidated.

The surplus as of the close of any particular fiscal year shall be applied as general fund revenue in the budget for the fiscal year.

Section 13.      Centralized Purchasing.

The Treasurer and Town Clerk shall act in accordance with this Charter and rules and regulations established by Ordinance, shall purchase, and contract for all materials, parts, supplies, equipment, and contractual services re­quired by any department or agency of the Town Government, subject to approval of the Mayor and Commission.

Section 14.      [Reserved]

[NOTE: Section 14, previously entitled Purchasing Procedure, was repealed by Ordinance No. 165, adopted 3/2/92, and approved by the voters at a referendum held on 3/10/92.]

Section 15.      Contracts.

Competitive bids shall be secured before any purchase by contract or otherwise is made or before any contract is awarded for construction, alteration, re­pairs, maintenance, or services, and the purchase shall be made from, or the contract awarded to the lowest qualified responsible bidder, provided however, that for good and sufficient reason, at the discretion of the Commission a lowest bid may be rejected by vote of four (4) Commissioners, or any and all bids may be rejected. Competitive bidding shall not be required in contracting for professional services. All contracts shall be approved by resolution of the Commission. All contractual obligations to be paid out of the appropria­tions of any one year must be retired within the ensuing three (3) years, nor shall any such contract be valid unless made or approved by Ordinance. Leases in which the Town is either the lessee or lessor may be for such periods as the Commission may ordain. The Commission may by Ordinance enter into lease-purchase agreements, provided that the full outstanding amount under any such agreement at any given time shall be chargeable against the debt limit. The Commission may by Ordinance require that successful bidders provide perfor­mance bonds, labor and materials bonds or other appropriate types of bonds, and it shall provide in connection with any contract that a percentage of the contract amount be withheld for period of not less than thirty (30) days beyond the date on which the Town finally accepts material, equipment, work, or service as provided by the contractor. The Commission may by Ordinance authorize participation by the Town in joint procurement of materials, equip­ment, work or services with other public corporations within the state. The Commission may by Ordinance establish contracts requirements and procedures that extend this section but do not conflict with it.

Section 16.      Insurance and Surety Bonds.

Insurance against fire, windstorms, and other hazards shall be procured for the protection of the property of the Town in such amounts and under such conditions as the Commission shall ordain. The Town may, without waiver of its governmental immunity, procure liability insurance covering such risks, and in such amounts as the Commission may ordain. The Commission, except as otherwise provided in this Charter, shall determine which officials, officers, and employees shall be required to furnish surety bonds and shall determine the amount of each individual or blanket bond. All such bonds shall be in favor of the Town and the premiums thereon shall be borne by the Town. The Treasurer and/or Town Clerk shall procure all insurance and surety bonds in accordance with the Ordinance authorizing same, which insurance and surety bonds shall be procured from companies licensed by the State of Florida to insure such risks of the types and amounts involved.

Section 17.      Investment of Town Funds.

Idle Town monies available for investment may be invested in any investment approved by the State.

Section 18.      Treasury Management.

The Town Clerk-Assistant Treasurer shall provide for the collection of all real, personal, and special taxes or assessments due the Town; act as official custodian for all Town monies; disburse monies on the basis of valid authori­zations and, in the administration of Town functions, comply with the provi­sions of this Charter, Ordinances adopted hereunder, other applicable laws, and the accounting rules of the Town. The Town Clerk-Assistant Treasurer shall receive such compensation from the Town as may be provided by law or by appro­priation in the Town budget. Surety bonds for Town Clerk-Assistant Treasurer and for employees in that office performing duties in connection with the collection, custody and disbursement of Town monies shall be procured in ac­cordance with Section 18 [16].

Section 19.      Power to Incur Indebtedness.

For purposes of this Charter the term "notes" shall mean notes or other evi­dences of indebtedness maturity not later than one (1) year after the date of their issuance, and the term bonds shall mean evidences of indebtedness matur­ing more than one (1) year after the date of their issuance. The Commission shall have the power to issue notes to temporarily provide cash from which to pay operating expenses authorized in the budget or from which to pay expen­ditures ultimately to be financed from proceeds of bonds previously authorized and to be issued under this Charter. Bonds may be issued only for the purpose of acquiring real property, constructing capital improvements, purchasing equipment with a probable useful life of fifteen (15) or more years, or re­funding outstanding bonded indebtedness.

Section 20.      Debt Limits.

Debt limits relating to the various types of debt which the Town is authorized to incur shall be as follows:

(1)        The total amount of general obligation indebtedness outstanding at any time, which shall include bonds authorized but not issued, shall not exceed twenty (20) percent of the total assessed value of taxable real property in the Town. For the purpose of computing the Town's general obligation debt margin, the full amount of any sinking fund maintained for principal or interest payments on general obligation bonded debt shall be deducted from the outstanding indebtedness, and the full out­standing amount of any lease-purchase agreement executed by the Town as vendee or as lessee shall be added to the outstanding general obligation indebtedness. Outstanding notes issued pursuant to this section shall not be chargeable against the debt limit.

(2)        Notes issued in anticipation of the receipt of revenue of the general fund or any special revenue fund shall not exceed twenty (20) percent of the revenues officially estimated to be collected for that fund during the remainder of the fiscal year.

(3)        Notes issued in anticipation of the sale of bonds previously authorized and properly validated shall not exceed fifty (50) percent of the prin­cipal amount of such bonds.

(4)        Notes issued to provide cash for the special assessment working capital fund shall not exceed fifty (50) percent of the sum of (a) assessments receivable, and (b) the contract amounts for work in progress which is ultimately to be assessed against property owners.

(5)        The amount of revenue bond indebtedness shall be determined by the au­thorizations of such indebtedness approved by the electors.

Section 21.      Referendum of all Bond Issues Required.

No general obligation or revenue bonds of the Town in excess of twenty-five thousand and no/100 dollars ($25,000.00) shall be issued in any one fiscal year until authorized by a majority of the qualified electors voting on the question as to their issuance. Bond authorization questions submitted to the electors shall not relate to more than one issue and one subject and shall specify the purpose of the issue and the maximum amount of bonds to be issued for that purpose. Should the Commission determine that any portion of an au­thorized bond issue is not required for the accomplishment of the objectives in connection therewith, it may cancel such portion as is unneeded and uni­ssued. Canceled portions of any general obligation bond issue shall not be charged against the debt margin.

Section 22.      Terms of Debt Instruments.

Limitations on the terms of the various types of debt instruments which the Town is authorized to issue shall be as follows:

(1)        General obligation bonds of the Town shall mature in substantially equal installments commencing not more than five (5) years from the date of issue. The final maturity shall be for a period of years not exceeding the estimated life of the property or improvement to be acquired from the proceeds thereof, provided that no general obligation bonds of any type shall mature before the date of sale thereof.

(2)        Notes issued in anticipation of the receipt of revenue of the general fund or any special revenue fund shall mature within the same fiscal year in which issued.

(3)        Notes issued in anticipation of the sale of bonds previously authorized shall mature within one (1) year.

(4)        Notes issued to provide cash for the special assessment working capital fund shall mature within one (1) year.

(5)        Revenue bonds shall be issued for such terms as the Ordinance authoriz­ing them shall prescribe but shall not mature more than twenty-five (25) years after the date of the sale thereof.

Section 23.      Bonds; General Provisions.

General provisions concerning the form, issuance, interest rates, and other matters relating to bonds shall be as follows:

(1)        Bonds of the Town and coupons attached thereto shall be prepared under the direction of the Commission, shall be signed by the Mayor, and coun­tersigned by the Town Clerk. Bonds shall be sold and disposed of by and under direction of the Commission and shall be delivered to the Town Treasurer in all cases except where an exchange of bonds shall be stated on the bonds, and the proceeds received from the sale thereof shall be used for no other purpose.

(2)                General obligation bonds of the Town shall not be sold or exchanged for less than par. Revenue bonds shall be sold at par or at discounts not exceeding eight (8) percent. Interest on all bonds shall be paid semi-annually.

(3)        Bonds shall be payable at the office or place provided by general law or Ordinance governing the payment of bonds of the Town.

(4)        The Commission may provide for the registration of bonds by the Treasur­er as to principal only.

(5)        Signatures upon bonds and coupons shall be in such form as the Commis­sion may ordain, and facsimile signatures may be used in all cases.

(6)        Bonds of the Town must contain a provision for call in advance of matur­ity as the Commission may ordain or as may be required by the general laws of the state. Bonds called for refunding shall not be called prior to sale of refunding bonds.

(7)        Interim bonds or notes may be issued pending the issuance of permanent bonds and shall have the same qualities of negotiability as outstanding permanent bonds of the Town. Owners thereof shall have the same rights as owners of permanent bonds.

(8)        General obligation bonds validated and issued shall be considered a valid obligation of the Town and shall constitute a lien upon the ad valorem tax revenues of the Town.

Section 24.      Revenue Bonds.

Provisions concerning revenue bonds shall be as follows:

(1)        The Town may issue revenue bonds for the purpose of acquiring, extending or improving any revenue-producing facility for public use that it may legally acquire, improve or operate under the Constitution or Laws of the State of Florida.

(2)        Revenue bonds shall be of such form, denomination, and other features as the Commission shall determine.

(3)        Any Ordinance authorizing revenue bonds may contain such covenants and provisions to protect and safeguard the security of the holders of such bonds as shall be deemed necessary to assure the prompt payment of the principal thereof and the interest thereon.

(4)        Revenue bonds and any indenture executed in connection therewith shall constitute a contract of the Town with every holder of said bonds and shall be enforceable by mandamus or other appropriate action at law or in equity in any court of competent jurisdiction.

(5)        Bonds or notes issued pursuant to this section shall not be a debt of the Town within the meaning of any constitutional, statutory, or Charter limitation upon the creation of general obligation indebtedness of the Town, and the Town shall not be liable for the payment thereof out of any funds of the Town other than the revenues pledged to the payment thereof, and all bonds or notes issued pursuant to this section shall contain a recital to that effect. The holders of all revenue bonds or notes shall have a lien on the revenues of the project with respect to which they are issued subject to the conditions provided in the Ordi­nance authorizing the issuance of such bonds or notes.

(6)        Whenever the Commission shall have issued any revenue bonds or notes, it shall establish, maintain, revise, and collect charges at least suffi­cient to provide for all costs associated with the ownership, operation, maintenance, renewal, and replacement of the facility acquired from the proceeds of such bonds and the payment of the principal and interest on all indebtedness with respect thereto.

 

ARTICLE VI.  PERSONNEL

Section 1.        Merit Systems.

All employees of the Town shall be appointed with reference only to their qualifications and fitness for employment in the Town.

Section 2.        Prohibitions.

No action affecting the employment status of an employee or applicant for a position in the municipal service, including appointment, promotion, demotion, suspension, or removal, shall be taken or withheld by reason of the race, gender or political or religious opinions or affiliations of the affected person. Any non-elective officer or employee who seeks nomination or becomes a candidate for any elective office shall immediately resign from his position in the municipal service. No person seeking appointment to or promotion in the service of the Town shall give, render or pay any money, service, or other valuable thing to any person in connection with his test, appointment or pro­motion. No person shall be employed or retained in the municipal service who advocates or belongs to an organization advocating the overthrow or change of government by force or violence. Any person who willfully or corruptly vio­lates any of the provisions of this section shall be subject to dismissal and such other punishment as may be provided by law.

 

ARTICLE VII.  POLICE, FIRE AND BUILDING DEPARTMENT

Section 1.        Police Department.

The Police Department of the Town of Hillsboro Beach, hereby created and es­tablished, shall consist of a Chief of Police and as many subordinate offic­ers, patrolmen and employees as shall be necessary for the functioning of said department in accordance with the rules and regulations of the Town of Hills­boro Beach. The Town Commission may appoint the Chief of Police and may ap­point additional patrolmen and officers. No person shall act as a special patrolman, special detective, or other special officer for any purpose whatev­er, except on written authority of the Town Commission; or the written author­ity of the Mayor at times of grave emergency. Such person shall be under the direction and control of the Chief of Police for the specified or limited time in case or riot, emergency, elections or special occasions.

The Chief of Police shall be responsible for the enforcement of order in the Town; he shall execute the commands of the Mayor and shall direct the activi­ties of the police department in accordance with policies fixed by the Mayor and the Town Commission. He shall attend in person or by deputy the municipal court during each of its sittings, execute the commands and processes of said court, and aid in the enforcement of order therein. He shall attend in person or by deputy all meetings of the Town Commission, and perform such duties appropriate to his office as may be imposed upon him by the laws of the State of Florida, the Ordinances of the Town, the direction of the Mayor and/or the Town Commission. He shall be the head of the Police Department and charged with the responsibility of seeing that the laws and Ordinances of the Town of Hillsboro Beach are enforced. All officers, patrolmen or employees of the Police Department may be suspended or discharged on account of incompetency, general inefficiency, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, dishonesty, or for any other just or reasonable cause that may be specified under the rules and regulations of the Town of Hillsboro Beach. The Chief of Police and members of his department shall receive such compensation from the Town as may be provided by Ordinance.

Police officers of the Town of Hillsboro Beach shall have the power and duty to make arrests without a warrant in the following instances:

(1)        For the commission of all state felonies, and violation of municipal Ordinances, or misdemeanors committed within their presence, within the corporate limits of the Town, or on real property owned by the Town outside the corporate limits; and

(2)        Anywhere in Broward County for violations of municipal Ordinances, or for state misdemeanors and felonies committed within the corporate lim­its, when such Police officer or officers are in fresh pursuit of the alleged violator from inside the corporate limits, to outside the corpo­rate limits.

Section 2.        Fire Department.

The Town Commission may contract for fire protection for the Town with other governmental fire departments, volunteer or otherwise, or may form a Town Department. The Chief of such fire department shall also be the fire marshal for the Town of Hillsboro Beach. He shall have the executive supervision and control of all firemen and other officers and employees of the fire depart­ment. In case of riot, conflagration or other emergency, the Chief may appoint additional firemen for temporary service. The fire department shall have ju­risdiction of all areas in the vicinity of a fire or conflagration, and its personnel shall have the power to prevent any interference with the department or any of its companies, squads or members in the performance of their duties. The department shall inspect buildings and premises in the Town for the pur­pose of ascertaining and correcting fire hazards, and do everything necessary and proper to eliminate fire risks and hazards.

Section 3.        Building Department.

The Town Commission may contract for building department services for the Town with other governmental building departments or individuals which shall have charge of all inspections necessary in connection with the construction and erection of buildings, the improvement and use of land, and the enforcement of the building code and zoning ordinances of the Town of Hillsboro Beach. The Town Engineer may, at the Commission's discretion direct the activities of the Building Department and shall provide sufficient inspection personnel to meet the requirements of the Town. The Town Engineer shall be a registered Profes­sional Engineer of the State of Florida, with not less than five (5) years experience in his profession. The duties of the department and its personnel shall be such as are specified in the rules and regulations of the Town of Hillsboro Beach. The building inspector shall receive such compensation from the Town as may be determined by the Town Commission. The Commission shall appoint the Town Engineer.

 

ARTICLE VIII.  ELECTIONS

Section 1.        General and Special Elections.

All general and special elections, unless otherwise provided in the Act, shall be called by proclamation of the Mayor, published by posting the same in a conspicuous place within the Town for two (2) weeks and shall be published weekly in at least two (2) issues of some newspaper with general circulation in the Town with the first publication at least fifteen (15) days prior to the date set for holding said election. In any event, there shall be a general election once each year.

Section 2.     The Time and Manner of Qualifying as a Candidate for the Office of Town Commissioner.

The time and manner for qualifying as a candidate for the office of Town Com­missioner, in any election, shall be regulated by Ordinance of the Town of Hillsboro Beach, but only such qualified persons as herein provided for shall be eligible to become candidates. The names of all candidates who qualify for such elections shall be printed upon an election ballot or shall be placed on voting machines if the latter are used in the elections. It shall not be nec­essary to hold a primary election. Those candidates receiving the highest plurality of votes at any given election shall be declared elected to the Commission seats to be filled.

Section 3.        General Municipal Election.

The general municipal election shall be held as prescribed by State Statutes pertaining to elections within Broward County. No person shall be allowed to vote in any election who is not a qualified voter of the State of Florida and who is not registered as a voter of said Town.

Section 4.        Registration; Town Elections.

Voter registration shall be under the control of the Broward County Supervisor of Elections.

Section 5.        Hours of Voting and the Results of the Voting.

The polls shall open and close as provided by State Statute. A tie between two or more candidates shall be determined as prescribed by Ordinance. The candi­dates receiving the highest number of votes shall be determined to have been elected. The Town Commission shall then meet, reorganize and elect a Mayor and Vice Mayor seven (7) days after such election.

 

ARTICLE IX.  MISCELLANEOUS

Section 1.        Improvements, Assessments Against Property and Abatement of Nui­sances.

The Town of Hillsboro Beach, Florida, is hereby authorized and empowered to make such improvements within the Town as the Town Commission shall deem nec­essary and the Town of Hillsboro Beach shall have all the powers, privileges and provisions of the general laws of the State of Florida as the same provide for making local improvements in a municipality. The Town shall, after due notice, have the power to abate nuisances on private property at the expense of the private property owner, and any and all expense incurred by the Town in the proper exercise of this authority shall be a valid lien against said pri­vate property.

Section 2.        Unconstitutional or Inoperative Acts.

That, if for any reason, any section or provision of this Charter shall be adjudged unconstitutional or otherwise inoperative, such facts shall not be held to affect any other section or provision of this Charter, but such other sections or provisions shall remain in full force and effect as if the sec­tions or provisions adjudged unconstitutional or inoperative had not been originally incorporated in this Charter.

Section 3.        Approval of this Act.

This Act shall become effective upon its approval by the Governor, or upon its becoming a law without such approval, and its ratification by a majority vote of the qualified electors of the Town of Hillsboro Beach by referendum at the next ensuing special or general election of the Town conducted in accordance with the provisions of the general election and referendum laws of the State of Florida.

 

Became a law (with)(without) the Governor's approval.

Filed in the office of the Secretary of State _______________, 1969.

            Became a law without the Governor's approval.

            Filed in Office Secretary of State June 5, 1969.